This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection for the month of December 2000. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal Enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation ("NOV") that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors RIDEM used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Department's Administrative Adjudication Division ("AAD"). Since most NOVs are contested cases, RIDEM does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through RIDEM's Office of Technical and Customer Assistance. The OC&I often resolves formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Sally Spadaro at 401-222-4700 ext. 2426. Requests for file reviews should be addressed to Maureen Casey at 401-222-4700 ext. 7307, fax 401-222-3810.

December 1, 2000 - OC&I/LUST File No. 00-1407 re: The Town of Hopkinton Highway Department and Police Facility for property located at 395 Woodville Road, Assessor's Plat 7, lot 45 in the Town of Hopkinton. The OC&I alleges that the Respondent violated sections of Rhode Island's Water Pollution Law, RIDEM's Groundwater Quality Regulations, Oil Pollution Control Regulations and RIDEM's Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials (" the UST Regulations"). The violations pertain to the discharge of pollutants/oil/petroleum to the waters of the State including groundwater and failing to timely implement a Corrective Action Plan in accordance with the DEM's Order of Approval. The OC&I ordered the Respondent to submit quarterly status reports of all investigatory, gauging, sampling and remedial activities; continue operation of all remediation procedures specified in the Corrective Action Plan; and reimburse the DEM for all funds that it has expended in the investigation and/or remediation of the contamination located at the facility. The OC&I assessed a penalty in the amount of $20,000.00. The Respondent has appealed the NOV to the AAD.

December 4, 2000 - OC&I/Solid Waste File No. 00-066 re: The Rhode Island Resource Recovery Corporation for property located at 65 Shun Pike, Assessor's Plat 14, lot 402, in the Town of Johnston. The OC&I alleges that the Respondent on 27 occurrences from October 1, 1999 to September 12, 2000 violated Rule 1.4.03 (c) of the Rules and Regulations for Composting Facilities and Solid Waste Management Facilities relating to objectionable odors beyond the property line of the facility. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $23,421.08. The Respondent appealed the NOV to the AAD and subsequently executed a Consent Agreement with the RIDEM to resolve the violations (see Formal Enforcement Cases Settled or Resolved).

December 6, 2000 - OC&I/RCRA File No. 00-020 re: D&L Sales, Incorporated, Linda Grasso, Dianne Denuccio and Sky Box Realty, RIGP for property located at 30 Agnes Street, Assessor's Map Plat 37, Lot 65 in the City of Providence. The OC&I alleges that the Respondents violated multiple sections of the Rhode Island Rules and Regulations for Hazardous Waste Management and applicable sections of Title 40 of the Code of Federal Regulations relating to hazardous waste. The violations pertain to: storage of hazardous waste beyond the 90-day time allowed; failing to properly mark and label containers and tanks of hazardous waste; failing to keep tanks and containers of hazardous waste closed; failing to determine if wastes are hazardous; failing to develop and maintain a contingency plan and to document training for company personnel dealing with hazardous waste; failing to apply for and obtain and EPA identification number; failing to provide adequate secondary containment for hazardous waste containers; and failing to submit the names of agents authorized to sign the Uniform Hazardous Waste Manifest. The Respondents were ordered to comply with the regulations and were assessed a penalty in the amount of $58,373.39. The Respondents have appealed the NOV to the AAD.

December 13, 2000 - OC&I/AIR Lead Paint File No. 00-09 re: Bennie Woods d/b/a Magic City Home Improvements of 889 Branch Avenue Providence for property located at 122-124 Whitehall Street in the City of Providence. The OC&I alleges that the Respondent violated multiple sections of Air Pollution Control Regulation No. 24 relating to "Removal of Lead Based Paint from Exterior Surfaces". These violations pertain to notification, ground sheeting, vertical containment shrouds, misting with water prior to manual scraping and collection and containment of spent abrasive, paint, particulate, dust and/or other debris. The OC&I ordered that the Respondent clean the work site of visible paint chips, paint dust or paint debris and properly dispose of the debris. A penalty of $3,250.00 was assessed against the Respondent.

December 13, 2000 - OC&I/Solid Waste File No. 00-050 re: Patriot Hauling Co., Inc. and Joseph L. & Nina Vinagro forproperty located at 116 Shun Pike, Assessor's Plat 32, Lot 20 in the Town of Johnston. The OC&I alleges that the Respondents violated Rhode Island's Refuse Disposal Act by operating a solid waste management facility without a license and by disposing of solid waste at other than a licensed solid waste management facility. The Respondents were previously cited by the OC&I by NOV OC&I/SW 99-063 issued on March 21, 2000 for similar violations. While the Respondents appealed the NOV to the AAD, the OC&I alleges that they continued to operate their facility in violation of the Refuse Disposal Act. The OC&I ordered the Respondents to immediately cease the acceptance and/or disposal of solid waste at other than a licensed facility and immediately cease operation of a solid waste management facility. The OC&I further ordered a plan of remediation for removal of the solid waste from the property and assessed a penalty in the amount of $206,737.00. The Respondents have appealed the NOV to the AAD.

December 19, 2000 - OC&I/Wetlands File No. 96-0081 re: the North Smithfield School Department for property located at the North Smithfield Elementary School, Assessor's Plat 19, lot 86, in the Town of North Smithfield. The OC&I alleges that the Respondent violated Rhode Island's Freshwater Wetlands Act and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act by altering without a permit approximately 20,000 square feet of Forested Wetland and 8,400 square feet of Perimeter Wetland. The Respondent previously prepared a wetland replication plan that was approved by the RIDEM. In accordance with an informal enforcement action, the Respondent agreed to restore the subject wetlands by September 30, 1998. The OC&I ordered restoration of the wetlands and assessed a penalty in the amount of $2,000.00. The Respondent has appealed the NOV to the AAD.

December 20, 2000 - OC&I/UST File No. 00-02475 re: Spectrum Coatings Laboratories, Inc. for property located at 217 Chapman Street, Assessor's Plat 58, lot 438, in the City of Providence. The OC&I alleges that Respondent violated multiple sections of the UST Regulations pertaining to precision testing requirements, installation of spill containment basins, installation of overfill protection, abandonment of UST systems requiring permanent closure and the requirements for a closure assessment. The OC&I ordered compliance with the Regulations and assessed a penalty in the amount of $51,730.00. The Respondent has appealed the NOV to the AAD.

December 20, 2000 - OC&I/UST No. 00-02771 re: M. Weisman Roofing Co., Inc., F&L Realty Associates, Leslie H. Weisman, and Frances E. Weisman for property located at 425 Pavilion Avenue, Assessor's Plat 311, Lot 79 in the City of Warwick. The OC&I alleges that the Respondents violated portions of the UST Regulations pertaining to precision testing requirements, installation of overfill protection and installation of spill containment. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $14,320.00. The Respondent has appealed the NOV to the AAD.

December 27, 2000 - OC&I/Water File No. CI 1377 re: Eleanor Smyth for property located at 104 Racquet Road, Assessor's Plat 9, Lot, 329 in the Town of Jamestown. The OC&I alleges that the Respondent violated portions of Rhode Island's Water Pollution Act, RIDEM's Water Quality Regulations and RIDEM's Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Individual Sewage Disposal Systems. These violations pertain to the Respondent allowing pollutants in the form of sewage to discharge to the surface of the ground in a location where it has and is likely to enter the waters of the State identified as Narragansett Bay. The OC&I ordered steps to be taken to correct problems associated with the failed septic system on the property and to obtain a repair permit for the septic system. The OC&I assessed a penalty of $7,500.00. The Respondent has appealed the NOV to the AAD.

December 1, 2000 - OC&I/WATER File No. CI-1375 re: The City of Cranston, Cranston Wastewater Treatment Facility/Sherman Avenue Pump Station. On April 19, 2000, the OC&I issued a NOV to the Respondent alleging that construction crews working at the Respondent's Sherman Avenue Pump Station inadvertently left a gate valve open to a newly installed unsupported force main that should have been closed. Operation of the Pump Station resulted in the new force main to break causing 1.8 million gallons of partially treated sanitary sewage to discharge to Ralph's Pond and Meshanticut Brook, Class B waters of the State. The discharge took place from October 22, 1998 to October 24, 1998. Written submission of the incident was required within 5 days of October 22, 1998. The Respondent did not provide the written report until December 2, 1998. OC&I cited the Respondent for violating the Water Pollution Act, violations of the RIDEM's Water Quality Regulations and violations of the R.I. Pollutant Discharge Elimination System Regulations. OC&I assessed a penalty of $25,000.00. On December 1, 2000 the Respondent and the OC&I executed a consent agreement to resolve the NOV wherein the Respondent agreed to pay a penalty in the amount of $20,000.00.

December 4, 2000 - OC&I/UST File No. 00-00450 re: Getty Properties Corp., John F. Gomes, Sr. and John F. Gomes, Jr. for property located at 795 West Main Road, Assessor's Plat 107NE, Lot 16-C, in the Town of Middletown. On May 23, 2000, the OC&I issued a NOV to the Respondents alleging that they violated sections of RIDEM's UST Regulations pertaining to UST registration; precision testing of UST's; installation of spill containment basins; installation of overfill protection; and the maintenance of daily written inventory records. The OC&I assessed a penalty of $51,080.00. Respondent Getty Properties Corp. filed an appeal of the NOV to the AAD. On December 4, 2000, Respondent Getty Properties Corp. and the OC&I executed a consent agreement to resolve Respondent Getty Properties Corp. portion of the NOV. The consent agreement recognized that the Respondent was able to show partial compliance with the regulations following issuance of the NOV. A penalty in the amount of $3,600.00 was agreed upon to resolve this Respondent's portion of the NOV. The consent agreement does not resolve outstanding issues related to Respondents John F. Gomes, Sr. and John F. Gomes, Jr.

December 5, 2000 - OC&I/SW/MEDICAL WASTE File No. 00-002 re: Medical Waste Systems, Inc. (d/b/a Biosystems) of 210 Sherwood Avenue, Farmingdale, New York. On August 10, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent transported medical waste without a permit on at least 3 separate occasions in violation of RI General Law Section 23-19.12-8 and Regulations DEM-DAH-MW-01-92 Section 14.01(a). The Respondent was ordered to cease transportation of regulated medical waste in RI and to obtain a permit for any further transportation of regulated medical waste. The OC&I assessed a penalty of $7,500.00. The Respondent appealed the NOV to the AAD. Prior to a hearing the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was recognized that the Respondent has now obtained a renewal permit for year 2000. A reduced penalty in the amount of $2,500.00 was agreed upon.

December 8, 2000 - OC&I/UST File No. 00-00401 re: First Student, Inc. a/k/a Ryder Student Transportation Services, Inc. for property located at 25 Railroad Street, Assessor's Plat 4, lot 435, North Smithfield. On June 7, 2000, the OC&I issued a NOV to the Respondent alleging that the Respondent violated sections of RIDEM's UST Regulations pertaining to: precision testing requirements; installation of overfill protection; verification of upgrade; and maintenance of written inventory records. The OC&I ordered compliance with the regulations and assessed a penalty of $10,140.00. The Respondent appealed the NOV to the AAD. Prior to hearing, the OC&I and the Respondent executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondent had actually taken the UST's out of service without the approval of the Director for more than 180 days. The Respondent paid a penalty in the amount of $7,205.00.

December 13, 2000 - OC&I/UST File No. 00-RDADD re: Richard P. D'Addario for property located at One Courthouse Square (or Hozier Street), Assessor's Plat 17, Lot 228 in the City of Newport. On January 21, 2000, the OC&I issued a NOV to the Respondent alleging violations of RIDEM's UST Regulations. The violations pertained to removing a UST from service without Department approval, abandonment of a UST and failing to permanently close a UST no longer in operation. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $7,000.00. The Respondent filed an appeal of the NOV with the AAD. Prior to hearing, the Respondent and the OC&I executed a consent agreement to resolve the NOV wherein it was acknowledged that the UST, as a result of the NOV, was properly closed in place to the satisfaction of the RIDEM. It was also acknowledged that the tank was found to be partially on the property in question. As a result of the settlement and the facts of the case, the OC&I and the Respondent agreed to a reduced penalty of $750.00.

December 13, 2000 - OC&I/UST File Nos. 99-759, 760, 773, 778, 779, 1057, 1061, 1063, 1067, and 1068 re: Cumberland Farms, Inc., V.S.H. Realty, Inc., Manuel Felicio, Natalizia's Service, Inc., Northup's Service Center, Inc., Janine A. Petrarca, et. als., and Town Gulf Service for UST facilities located at: 3377 Post Road, Assessor's Plat 244, Lot 106, in the City of Warwick; 609 Killingly Street, Assessor's Plat 13, Lot 32 in the Town of Johnston; 3323 South County Trail, Assessor's Plat 18-H, Lot 85 in the Town of East Greenwich; 94 Aquidneck Avenue, Assessor's Plat 115SE, Lots 132 and 133 in the Town of Middletown; 193 Division Street, Assessor's Plat 24A, Lot 654 in the City of Pawtucket; 295 Legris Avenue, Assessor's Plat 27, lot 424 in the Town of West Warwick;3327 Post Road, Assessor's Plat 244, Lot 97 in the City of Warwick; 503 Smithfield Road, Assessor's Plat 9, Lot 436 in the Town of North Smithfield;270 Main Street, Assessor's Plat 57-4, Lot 170 in the Town of South Kingstown; and 612 Taunton Avenue, Assessor's Map 405, Block 6, Parcel 3, in the City of East Providence. On February 17, 2000, the OC&I issued a NOV to the Respondents alleging that the Respondents violated multiple sections of RIDEM's UST Regulations. These violations pertained to precision testing (Facilities No. 773, 1061 and 1067); spill containment basins (Facilities No. 773, 778, 1061, and 1067); overfill protection (Facilities No. 759, 760, 773, 778, 1061, 1067); and maintenance of daily written inventory and monthly reconciliation records (Facilities No. 773, 778, 779, 1057, 1063, 1067, and 1068). The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $124, 430.00. The Respondents appealed the NOV to the AAD. Prior to the hearing the Respondents and the OC&I executed a consent agreement to resolve the NOV wherein it was acknowledged that the Respondents were able to show partial compliance with the regulations, agreed to perform additional compliance and agreed to pay a penalty where compliance was not met. The Respondents agreed to pay a penalty in the amount of $53,000.00.

December 22, 2000 - OC&I/Wetlands File No. C95-0725 re: Carmine Olivieri/ Modern Boating Inc. for property located on the northerly side of Plain Meeting House Road (opposite utility pole #7), westerly of RI Route 102, Assessor's Plat 29, Lot 1-1, in the Town of West Greenwich. On November 21, 1995, RIDEM issued a NOV to the Respondent alleging five instances of unauthorized alterations to Freshwater Wetlands. The Department ordered restoration of the altered wetlands and assessed a penalty of $5000.00. The NOV was appealed and a hearing was subsequently held in April 1996. The Hearing Officer upheld the action of the Department and the Final Decision and Order was appealed by the Respondent to Superior Court. On November 8, 2000 the Court ruled in favor of the Department and the Respondent was ordered to pay the full penalty. The penalty was paid on December 22, 2000 and all violations have been resolved to the satisfaction of the Department.

December 29, 2000 - OC&I/Solid Waste File Nos. 99-008, 99-043 and 00-066 re: The Rhode Island Resource Recovery Corporation for property located at 65 Shun Pike, Assessor's Plat 14, lot 402, in the Town of Johnston. On October 13, 1999, the OC&I issued two NOV's to the Respondent (File Nos. 99-008 and 99-043). In NOV File No. 99-008, the OC&I alleged that the Respondent violated sections of RIDEM's Rules and Regulations for Composting Facilities and Solid Waste Management Facilities ("the Solid Waste Regulations") pertaining to objectionable odors (39 occurrences from December 1998 through April 1999), improper cover, litter, erosion and failing to conform to the facility's operating plan. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $35,250.00. In NOV File No. 99-043, the OC&I alleged that the Respondent on 18 occurrences (from June 1999 through September 1999) violated Solid Waste Rule 1.4.04 (c) pertaining to objectionable odors. OC&I ordered compliance with the regulations and assessed a penalty in the amount of $13,500.00. On December 4, 2000, the OC&I issued NOV File No. 00-066, alleging that the Respondent on 27 occurrences from October 1, 1999 to September 12, 2000 violated Rule 1.4.03 (c) of the Solid Waste Rules relating to objectionable odors beyond the property line of the facility. The OC&I ordered compliance with the regulations and assessed a penalty in the amount of $23,421.08. The Respondent filed an appeal to all of the NOVs with the AAD. Prior to hearing, the Respondent and the RIDEM executed a Consent Agreement to resolve the NOVs. As part of the consent agreement, the Respondent agreed to take necessary steps to comply with the regulations, to reimburse the RIDEM in the amount of $3,171.08 for costs incurred and to undertake an Supplemental Environmental Project involving preparation of a seminar on Environmental Management Systems and their benefits. The SEP is estimated to cost at least $6,744.00. The Respondent further agreed to jointly develop with the RIDEM an Environmental Management System for its operations at the Central Landfill and to work with the RIDEM to eliminate 2 major tire piles in the Town of Johnston. The RIDEM agreed to give the Respondent an offset credit in the amount of $62,256.00 from the gravity portion of the penalty. The offset credit is for costs incurred by the Respondent when it assisted the RIDEM and the Attorney General's Office in removing approximately 50,000 used tires from 77 Pilsudski Street in the City of Providence. There was considerable concern prior to their removal that the tires could ignite thereby causing significant public safety and environmental problems. Removal of the tires eliminated a threat to the safety of the neighborhood.